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THE
STANDING COMMITTEE OF NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
21/2004/PL-UBTVQH11
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Hanoi,
June 18, 2004
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ORDINANCE
ON BELIEFS AND RELIGIONS
Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10 of December 25, 2001 of the Xth National Assembly,
the 10th session;
Pursuant to Resolution No. 21/2003/QH11 of November 26, 2003 of the XIth
National Assembly, the 4th session, on the 2004 law- and ordinance-making
program;
This Ordinance prescribes belief and religious activities.
Chapter I
GENERAL PROVISIONS
Article 1.- Citizens
have the right to belief and religious freedom, following or not following any
religion
The State guarantees citizens'
right to belief and religious freedom. Nobody can infringe upon such freedom
right.
All religions are equal before
law.
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Article 2.- Religious
dignitaries, priests, monks and citizens who have beliefs or follow religions
enjoy all civic rights and have to perform the civic obligations
Religious dignitaries, priests
and monks have to regularly educate followers in patriotism, exercise of the
civic rights, performance of the civic obligations and the sense of law
observance.
Article 3.- In
this Ordinance, the following terms and phrases shall be construed as follows:
1. Belief activities mean
activities demonstrating the ancestral worship, commemoration and honoring of
the persons with merits to the country and/or communities; worship of deities,
saints or traditional idols, and other folk belief activities representing the
fine values of history, culture and social ethics.
2. Belief establishments mean
places where communal belief activities are carried out, including communal
houses, temples, small temples, small pagodas, ancestral worship altars, clan
ancestor worship houses and the like.
3. Religious organizations mean
groups of believers in the same system of religious tenets, principles and
rites, which are organized according to a certain structure recognized by the
State.
4. Grassroots religious
organizations mean grassroots units of religious organizations, including
pagoda protection boards or pagoda management boards of Buddhism, dioceses of
Catholicism, chapters of Protestantism, religious clans of Caodaism, commune,
ward or district township administration boards of Hoa Hao Buddhism sect, and
grassroots units of other religious organizations.
5. Religious activities mean the
preaching and practice of tenets, principles and rites and organizational
management of religions.
6. Religious societies mean a
form of rallying followers, set up by religious organizations in service of
religious activities.
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8. Followers mean persons who
believe in a religion and are recognized by religious organizations.
9. Priests or monks mean
followers who voluntarily and constantly effect a particular lifestyle
according to the tenets and principles of a religion in which they believe.
10. Dignitaries mean followers
who hold specific positions or ranks in religions.
Article 4.-
Pagodas, churches, chancels, sanctuaries, communal houses, temples, small
temples and head offices of religious organizations and training establishments
of religious organizations, other lawful belief or religious establishments,
canons and worshipping objects are protected by law.
Article 5.-
The State guarantees the right to conduct belief activities and religious
activities according to law provisions; respects cultural values and religious
ethics; preserves and promotes positive values of the tradition of ancestral
worship, commemoration and honoring of the persons with merits to the country
or communities, in order to contribute to consolidating the great national
unity bloc and satisfy the people's spiritual needs.
Article 6.- Relationships
between the State of the Socialist Republic of Vietnam and foreign countries as
well as international organizations regarding religion-related issues must be
based on the principle of respect for each other's independence and
sovereignty, non-interference in each other's internal affairs, equality and
mutual interests, in conformity with each party's laws, international laws and
practices.
Article 7.-
1. Vietnam
Fatherland Front and its member organizations shall, within the ambit of their
tasks and powers, have the responsibility:
a/ To rally people who have
beliefs or follow religions as well as non-belief or non-religious people for
building up the great national unity bloc, constructing and defending the
Fatherland.
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c/ To take part in propagating
among and mobilizing dignitaries, priests, monks, followers, persons who have
beliefs, religious organizations and people to observe the law provisions on
beliefs and religions;
d/ To participate in the
formulation and supervision of the implementation of policies and laws on
beliefs and religions.
2. Within the ambit of their
tasks and powers, the State agencies shall take initiative in coordinating with
Vietnam Fatherland Front Central Committee and the Front's member organizations
in propagating, mobilizing and implementing policies and laws on beliefs and
religions.
Article 8.-
1. It is
prohibited to make discriminations for belief or religious reasons; or infringe
upon the citizens' right of belief and religious freedom.
2. It is prohibited to abuse the
right of belief and religious freedom to undermine peace, national independence
and unification; incite violence or propagate wars, conduct propagation in
contraven-tion of the State's laws and policies; divide people, nationalities
or religions; cause public disorder, infringe upon the life, health, dignity,
honor and/or property of others, or impede the exercise of civic rights and
performance of civic obligations; conduct superstitious activities or other
acts of law violation.
Chapter II
BELIEF ACTIVITIES OF BELIEVERS AND RELIGIOUS ACTIVITIES
OF FOLLOWERS, PRIESTS, MONKS AND DIGNITARIES
Article 9.-
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2. In belief or religious
activities, believers and followers shall have to respect the right to belief
and religious freedom and the right to non-belief and non-religious freedom of
other people; exercise their right to belief and religious freedom without
impeding the exercise of their civic rights and performance of their civic
obligations; and conduct belief or religious activities in strict compliance
with law provisions.
Article
10.- Persons who join in belief or religious activities must observe
regulations of belief or religious establishments or rituals as well as village
codes and communal conventions.
Article
11.-
1. Dignitaries,
priests and monks can perform religious rites within the scope of their charge,
and preach or teach religions at religious establishments.
2. In cases where they perform
religious rites, preach or teach religions at variance with the provisions of Clause
1 of this Article, they must obtain approvals of the People's Committees of
rural districts, urban districts, provincial capitals or provincial towns
(hereinafter referred collectively to as district-level People's Committees)
where they shall conduct such activities.
Article 12.-
1.
Persons in charge of grassroots religious establishments shall have to register
annual programs of religious activities to take place at their establishments
with the People's Committees of communes, wards or district townships
(hereinafter referred collectively to as commune-level People's Committees);
where religious activities are organized outside the registered programs,
approvals of competent State agencies are required.
2. Competence to approve the
organization of belief festivals shall be prescribed by the Government.
Article 13.-
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2. For persons who have
completely served penalties or administrative handling measures mentioned in
Clause 1 of this Article, they shall be allowed to preside over religious
rites, do missionary work, to teach religions or manage religious organizations
only after having their activities registered by religious organizations and
approved by competent State agencies.
Article
14.- Belief or religious activities must be safe, thrifty, compatible with
the national traditions and cultural identity, and preserve and protect the
environment.
Article 15.-
Belief or religious activities shall be stopped in one of the following cases:
1. They infringe upon the
national security, seriously affect the public order or environment;
2. They adversely affect the
people's unity, the fine national cultural traditions;
3. They infringe upon life,
health, dignity, honor or property of other persons.
4. They involve other serious
law violation acts.
Chapter
III
RELIGIOUS ORGANIZATIONS AND OPERATION THEREOF
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1. An
organization shall be recognized as a religious organization when it fully
meets the following conditions:
a/ Being an organization of persons
having the same belief, having religious tenets, principles and rites, which
are not contrary to the nation's fine traditions, customs and interests;
b/ Having a charter or statute
expressing its guidelines, objectives and way of religious practice, closely
associated with the nation and not contrary to law provisions;
c/ Having registered religious
activities and conducting stable religious activities;
d/ Having a head office,
organizational structure and lawful representative;
e/ Having an appellation not
identical to that of another religious organization already recognized by the
competent State agency.
2. Competence to recognize
religious organizations:
a/ The Prime Minister recognizes
religious organizations having the scope of operation in many provinces and/or
centrally-run cities;
b/ The presidents of the
People's Committees of the provinces or centrally-run cities recognize
religious organizations having the scope of operation mainly in a province or
centrally-run city.
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Article 17.-
1. Religious
organizations can establish, divide, separate, merge or amalgamate their
attached organizations according to their respective charters or statutes.
2. The establishment, division,
separation, merger or amalgamation of grassroots religious organizations must
be approved by the People's Committees of the provinces or centrally-run cities
(hereinafter referred to as the provincial-level People's Committees).
3. The establishment, division,
separation, merger or amalgamation of religious organizations not falling into
the cases prescribed in Clause 2 of this Article must be approved by the Prime
Minister.
Article 18.-
1.
Conferences or congresses of grassroots religious organizations shall be
organized after they are approved by the People's Committees of districts,
where such conferences or congresses take place.
2. Religious organizations'
conferences or congresses at the central level or of the entire religious sects
shall be held after they are approved by the central-level agencies in charge
of State management over religions.
3. Religious organizations'
conferences or congresses not falling into the cases prescribed in Clauses 1
and 2 of this Article shall be held after they are approved by the
provincial-level People’s Committees of the localities, where such conferences
or congresses take place.
Article 19.-
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2. The registration of religious
societies is prescribed as follows:
a/ Religious societies having
the scope of operation within a rural district, urban district, provincial
capital or provincial town shall be registered with the district-level People's
Committees of localities where they operate;
b/ Religious societies having
the scope of operation in many rural districts, urban districts, provincial
capitals and/or provincial towns shall be registered with the provincial-level
People's Committees of localities where they operate;
c/ Religious societies having
the scope of operation in many provinces and/or centrally-run cities shall be
registered with the central-level agencies in charge of State management over
religions.
Article
20.- Religious orders, monasteries and other collective religious practice
organizations shall be allowed to operate after they have been registered with
competent State agencies.
The registration of operations
of religious orders, monasteries and other collective religious practice
organizations shall comply with the regulations applicable to religious
societies prescribed in Clause 2, Article 19 of this Ordinance.
Article 21.-
1.
Persons who enter into religion at religious establishments must do so at their
own free will without being compelled or obstructed by any other person. Minors
who wish to enter into religion must be consented by their parents or
guardians.
2. Persons in charge of
religious establishments, when admitting persons wishing to enter into
religion, shall have to register them with the commune-level People's
Committees of the localities where their religious establishments are located.
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1. The
ordainment, bestowal of orders, appointment, election or honorary nomination in
religions shall be effected according to charters or statutes of religious
organizations and must satisfy the conditions prescribed in Clause 2 of this
Article. For cases involving foreign elements, there must be prior agreements
with the central-level agencies in charge of State management over religions.
2. Persons who are ordained,
bestowed orders, appointed, elected or honorarily nominated must satisfy the
following conditions before being recognized by the State:
a/ Being Vietnamese citizens,
having good ethical qualities;
b/ Having spirit of national
unity and harmony;
c/ Strictly observing law.
3. The dismissal or discharge of
religious dignitaries shall comply with the charters or statutes of religious
organizations.
4. Religious organizations shall
have the responsibility to register the ordained, order-bestowed, appointed,
elected or honorarily nominated persons; notify the dismissal or discharge of
religious dignitaries to competent State management agencies.
Article
23.- When transferring religious dignitaries, priests or monks to other
areas of operation, religious organizations shall have the responsibility to
notify such to the district-level People's Committees of the localities where
they leave and register them with the district-level People's Committees of the
localities where they move to.
For dignitaries, priests or
monks who have violated the religious legislation and been administratively
handled by presidents of the provincial-level People's Committees or criminally
handled, their transfer to other places of religious activities must also be
approved by the provincial-level People's Committees of the localities where
they move to according to the Government's regulations.
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1.
Religious organizations may establish training schools or open fostering classes
for professional religious activists.
2. The establishment of schools
for training professional religious activists must be approved by the Prime
Minister.
The enrollment of students of
religious training schools must comply with the principles of publicity and
free will of enrollees and the schools' approved operation charters.
The Vietnamese history and
Vietnamese law shall be the curricular study subjects in the training programs
of schools training professional religious activists.
3. The opening of fostering
classes for professional religious activists must be approved by the presidents
of the provincial-level People's Committees of the localities where such
courses are opened.
4. The order and procedures for
establishing or dissolving training schools or opening religious fostering
classes shall be prescribed by the Government.
Article
25.- Religious organizations' rites occurring outside religious
establishments shall comply with the following regulations:
1. Rites participated by
followers within a rural district, urban district, provincial capital or
provincial town must be approved by the district-level People's Committees of
localities where such rites take place;
2. Rites participated by
followers from many rural districts, urban districts, provincial capitals
and/or provincial towns within a province or centrally-run city or from many
provinces and/or centrally-run cities must be approved by the provincial-level
People's Committees of the localities where such rites take place.
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ASSETS OF BELIEF OR RELIGIOUS ESTABLISHMENTS AND SOCIAL
ACTIVITIES OF RELIGIOUS ORGANIZATIONS, FOLLOWERS, PRIESTS, MONKS AND
DIGNITARIES
Article
26.- Lawful assets belonging to belief or religious establishments shall be
protected by law. It is strictly prohibited to infringe upon such assets.
Article 27.-
1. Land,
where exist works used by religious establishments, including land pertaining
to pagodas, churches, sanctuaries, chancels, monasteries, schools training
professional religious activists, head offices of religious organizations and
other establishments of religions permitted by the State to operate, shall be
used in a stable and long-term manner.
2. Land with works being
communal houses, temples, small temples, small pagodas, ancestral worship
altars and clan ancestor worship houses thereon shall be used in a stable and
long-term manner.
3. The management and use of
land prescribed in Clauses 1 and 2 of this Article shall comply with the
provisions of the land legislation.
Article 28.-
1. Belief
establishments and religious organizations may raise funds or receive assets
voluntarily donated by organizations and individuals at home and abroad
according to law provisions.
2. The fund raising by belief
establishments and religious organizations must be organized publicly with
clear use purposes and must be notified in advance to the People's Committees
of the localities where the fund raising is organized.
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Article
29.- Belief or religious activities at belief or religious establishments
being historical-cultural relics, scenic places or beauty spots are ensured to
take place normally as at other belief or religious establishments.
The management, use, renovation
and upgrading of works belonging to belief or religious establishments being
historical-cultural relics, scenic places or beauty spots shall comply with the
provisions of the legislation on cultural heritage and relevant legislations.
Article
30.- The renovation or upgrading of existing works belonging to belief or
religious establishments or building of the new ones must comply with the law
provisions on construction.
The change of the use purposes
of works belonging to belief establishments must be approved by the
district-level People's Committees. The change of the use purposes of works of
religious establishments must be approved by the provincial-level People's
Committees.
Article
31.- For the relocation of works belonging to belief or religious
establishments due to requirements of socio-economic development plannings, the
representatives of such belief or religious establishments must be notified and
consulted in advance and compensations therefor shall be made according to law
provisions.
Article
32.- The publishing, printing and distribution of prayer books, other
belief or religious books, newspapers, magazines and publications; the trade
in, export and import of cultural products on beliefs or religions; the production
of articles in service of belief or religious activities must comply with law
provisions.
Article 33.-
1. The
State encourages and creates conditions for religious organizations to take
part in bringing up and educating disadvantaged children; to provide assistance
to healthcare establishments for the poor, the disabled, HIV/AIDS-infected
persons, lepers, mental patients; to provide assistance for development of
pre-school educational establishments, and take part in other activities for
charity or humanitarian purposes in compliance with their charters or statutes
and law provisions.
2. Dignitaries, priests or
monks, in their capacity as citizens, are encouraged by the State to organize
educational, healthcare, charity or humanitarian activities according to law
provisions.
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INTERNATIONAL RELATIONS OF RELIGIOUS ORGANIZATIONS,
FOLLOWERS, PRIESTS, MONKS AND DIGNITARIES
Article
34.- Religious organizations, followers, priests, monks and dignitaries may
conduct international relation activities according to the provisions of their
charters, statutes or principles and in compliance with Vietnamese law.
When conducting international
relation activities, religious organizations, followers, priests, monks and
dignitaries must be on equal footing, respect one another, respect
independence, sovereignty and internal affairs of the countries.
Article
35.- The following international relation activities must be approved by
the central-level agencies in charge of State management over religions:
1. Inviting foreign
organizations or foreigners into Vietnam or organizing the execution of
undertakings of foreign religious organizations in Vietnam;
2. Participating in religious
activities or sending persons to join religious training courses overseas.
Article
36.- Dignitaries, priests or monks being foreigners may preach at
Vietnamese religious establishments after being approved by the central-level
agency in charge of the State management over religions, and must observe
regulations of Vietnamese religious organizations and Vietnamese law
provisions.
Article
37.- Foreigners, when entering Vietnam, must comply with the Vietnamese
laws; are allowed to carry along religious publications and other religious
articles to serve their personal needs according to provisions of Vietnamese
laws; are given favorable conditions for their daily religious activities at
religious establishments like Vietnamese religious followers; are allowed to
invite Vietnamese religious dignitaries to perform religious ceremonies for
them; and must observe regulations of Vietnamese religious organizations.
Chapter VI
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Article
38.- In cases where international agreements which the Socialist Republic
of Vietnam has signed or acceded to contain provisions different from those of
this Ordinance, the provisions of such international agreements shall apply.
Article 39.-
1.
Religious organizations which have been recognized by competent State agencies
before the effective date of this Ordinance shall not have to carry out the procedures
for re-recognition.
2. Religious societies,
religious orders, monasteries and other collective religious practice
organizations, which have been registered and permitted for operation before the
effective date of this Ordinance, shall not have to carry out the procedures
for re-registration.
Article
40.- This Ordinance takes effect as from November 15, 2004.
Article
41.- The Government shall detail and guide the implementation of this
Ordinance.
ON
BEHALF OF THE NATIONAL ASSEMBLY STANDING COMMITTEE
CHAIRMAN
Nguyen Van An